FA8056-17-R-0006_Draft_RFP.docx

FA805617R0006

Section B - Supplies or Services and Prices

UNDEFINED

FES PPE Services - Ordering Period 1

FFP

Ordering Period: 1 December 17 – 30 November 18 The contractor shall furnish all personnel, equipment, tools, materials, supervision and other items and services necessary to perform advanced inspection, complete liner inspection, advanced cleaning, specialized cleaning, repairs, alterations, disposition, as well as maintain and track records for all USAF, Air National Guard, and Air Force Reserve fire stations across the contiguous United States (CONUS), as well as outside the contiguous United States (OCONUS). All work is to be accomplished in accordance with the terms and conditions of the contract and the attachments listed in Section J.

The total value of orders placed during the ordering period covered by this CLIN shall comply with the constraints of the order limitations shown in FAR 52.216-19 and shall not exceed the overall contract maximum of $XX Million.

FOB: Destination

MAX

NET AMT

UNDEFINED

FES PPE Services - Ordering Period 2

Ordering Period: 1 December 18 – 30 November 19 The contractor shall furnish all personnel, equipment, tools, materials, supervision and other items and services necessary to perform advanced inspection, complete liner inspection, advanced cleaning, specialized cleaning, repairs, alterations, disposition, as well as maintain and track records for all USAF, Air National Guard, and Air Force Reserve fire stations across the contiguous United States (CONUS), as well as outside the contiguous United States (OCONUS). All work is to be accomplished in accordance with the terms and conditions of the contract and the attachments listed in Section J.

The total value of orders placed during the ordering period covered by this CLIN shall comply with the constraints of the order limitations shown in FAR 52.216-19 and shall not exceed the overall contract maximum of $XX Million.

MAX

NET AMT

FES PPE Services - Ordering Period 3

Ordering Period: 1 December 19 – 30 November 20 The contractor shall furnish all personnel, equipment, tools, materials, supervision and other items and services necessary to perform advanced inspection, complete liner inspection, advanced cleaning, specialized cleaning, repairs, alterations, disposition, as well as maintain and track records for all USAF, Air National Guard, and Air Force Reserve fire stations across the contiguous United States (CONUS), as well as outside the contiguous United States (OCONUS). All work is to be accomplished in accordance with the terms and conditions of the contract and the attachments listed in Section J.

The total value of orders placed during the ordering period covered by this CLIN shall comply with the constraints of the order limitations shown in FAR 52.216-19 and shall not exceed the overall contract maximum of $XX Million.

NET AMT

FES PPE Services - Ordering Period 4

Ordering Period: 1 December 20 – 30 November 21 The contractor shall furnish all personnel, equipment, tools, materials, supervision and other items and services necessary to perform advanced inspection, complete liner inspection, advanced cleaning, specialized cleaning, repairs, alterations, disposition, as well as maintain and track records for all USAF, Air National Guard, and Air Force Reserve fire stations across the contiguous United States (CONUS), as well as outside the contiguous United States (OCONUS). All work is to be accomplished in accordance with the terms and conditions of the contract and the attachments listed in Section J.

The total value of orders placed during the ordering period covered by this CLIN shall comply with the constraints of the order limitations shown in FAR 52.216-19 and shall not exceed the overall contract maximum of $XX Million.

NET AMT

FES PPE Services - Ordering Period 5

Ordering Period: 1 December 21 – 30 November 22 The contractor shall furnish all personnel, equipment, tools, materials, supervision and other items and services necessary to perform advanced inspection, complete liner inspection, advanced cleaning, specialized cleaning, repairs, alterations, disposition, as well as maintain and track records for all USAF, Air National Guard, and Air Force Reserve fire stations across the contiguous United States (CONUS), as well as outside the contiguous United States (OCONUS). All work is to be accomplished in accordance with the terms and conditions of the contract and the attachments listed in Section J.

The total value of orders placed during the ordering period covered by this CLIN shall comply with the constraints of the order limitations shown in FAR 52.216-19 and shall not exceed the overall contract maximum of $XX Million.

NET AMT

FES PPE Services 6-mon Extension Option

Ordering Period: 1 December 22 – 30 June 2023 The contractor shall furnish all personnel, equipment, tools, materials, supervision and other items and services necessary to perform advanced inspection, complete liner inspection, advanced cleaning, specialized cleaning, repairs, alterations, disposition, as well as maintain and track records for all USAF, Air National Guard, and Air Force Reserve fire stations across the contiguous United States (CONUS), as well as outside the contiguous United States (OCONUS). All work is to be accomplished in accordance with the terms and conditions of the contract and the attachments listed in Section J.

The total value of orders placed during the ordering period covered by this CLIN shall comply with the constraints of the order limitations shown in FAR 52.216-19 and shall not exceed the overall contract maximum of $XX Million.

NET AMT

Section C - Descriptions and Specifications

PERFORMANCE WORK STATEMENT

Performance Work Statement (PWS) Fire Emergency Services (FES) Personal Protective Equipment (PPE) Care and Maintenance Services

26 January 2017

1. DESCRIPTION OF SERVICES

0. Purpose. The purpose of this program is to acquire commercial Fire Emergency Services Personal Protective Equipment (FES PPE) care and maintenance services for United States Air Force (USAF) installations within the Contiguous United States (CONUS) and Outside Contiguous United States (OCONUS).

0. Scope. The description of services listed below establish the requirement of FES PPE Care and Maintenance Services for all USAF, Air National Guard, and Air Force Reserve fire stations across the contiguous United States (CONUS), as well as outside the contiguous United States (OCONUS). FES PPE ensembles for both Proximity and Structural include coats, pants, hoods, helmets, gloves, and boots.

0. Acronyms. Table 1 (below) lists the applicable acronyms listed in the Performance Work Statement.

Table 1 - Acronyms Acronyms

Definitions. Table 2 (below) lists the applicable definition listed in the Performance Work Statement

Table 2 - Definitions Definitions

0. Included Services. The care and maintenance services for all FES PPE (i.e., both legacy and new) included in this PWS are as follows:

1. APPLICABLE REGULATIONS AND SERVICE STANDARDS

1. Applicable Regulations. The Contractor shall perform advanced inspection, complete liner inspection, advanced cleaning, specialized cleaning, repairs, alterations, disposition, as well as maintain and track records that will comply with the requirements of:

0. Department of Defense Instruction (DoDI) 6055.06, Department of Defense (DoD) Fire and Emergency Services Program.

0. Air Force Instruction (AFI) 32-2001, Fire Emergency Services (FES) Program.

0. National Fire Protection Association (NFPA) 1500, current edition, Fire Department Occupational Safety & Health Program.

0. NFPA 1851, current edition, Standard on Selection, Care, and Maintenance of Protective Ensembles for Structural Fire Fighting and Proximity Fire Fighting.

1. Applicable Service Standards. The Contractor shall be a FES PPE authorized third party verified Independent Service Provider (ISP), in accordance with (IAW) NFPA 1851, Ch. 11 -Verification, and shall be certified to provide service on all applicable brands of equipment, to include any legacy (i.e., existing) equipment brands or any potential new items procured during the lifetime of this contract.

1. The Contractor shall always maintain NFPA 1851 verification and be re-verified annually by a third party IAW NFPA 1851, Ch. 11 - Verification. Additionally, the Contractor shall provide all certification updates to the CO upon ISP re-verifications.

1. The Contractor shall be a manufacturer-certified warranty facility with third-party verifications of outer shell(s), thermal liner fabric(s), and moisture barriers present in both legacy and new gear purchased during the lifetime of this contract.

1. The Contractor shall provide care and maintenance services for both legacy gear and any new gear purchased during the lifetime of this contract.

1. The Contractor is responsible for selecting the appropriate materials and methods for service and repair of FES PPE to ensure all PPE shall be repaired and serviced in a way which maintains the integrity of the equipment and its performance characteristics IAW NFPA 1851.

1. The Contractor shall maintain and track records of all ensemble elements as explained in Section 4, Record of Service, when any legacy or newly purchased item(s) is serviced. The Contractor shall document all advanced inspections, advanced cleanings, specialized cleanings, repairs, alterations, and dispositions, on forms in Microsoft Excel created by the Contractor.

1. The Contractor shall maintain worker safety and health programs IAW all applicable Occupational Safety and Health Administration (OSHA) and Environmental Protection Agency (EPA) regulations, including but not limited to, 29 Code of Federal Regulations (CFR) 1910 Subpart Z Toxic and Hazardous Substances.

1. SUMMARY OF REQUIRMENTS

The Contractor shall be responsible for the following services on legacy gear and any new gear purchased during the lifetime of this contract.

2. Advance Inspection.

0. The Contractor shall perform advanced inspection IAW NFPA 1851, Ch. 6 - Inspection, with the exception of NFPA 1851 paragraph 6.3.5.1(5), requiring evaluation of system fit and coat/trouser overlap.

0. Following advanced inspection, the Contractor shall isolate any developing problems with the ensemble or ensemble element(s) and provide a list of required repairs to the Ordering Official.

0. The Contractor shall not proceed with non-warranty repairs until authorization is obtained from the Ordering Official.

0. The Contractor shall, upon authorization of repair from the Ordering Official, follow guidelines set forth in Section 3.4., Repair.

2. Advance Cleaning.

1. The Contractor shall perform advanced cleaning IAW NFPA 1851, Ch. 7 - Cleaning and Decontamination.

2. Specialized Cleaning.

2. The Contractor shall perform specialized cleaning IAW NFPA 1851, Ch. 7 - Cleaning and Decontamination.

2. Repair.

3. The Contractor shall perform repairs IAW NFPA 1851, Ch. 8 - Repair.

3. Identification of Repair. Repairs should be identified and submitted to the Ordering Official no later than day five (5) of the advanced inspection, complete liner inspection, advanced cleaning, or specialized cleaning process. If the Contractor identifies a required repair, the Contractor shall determine whether the repair is within the applicable manufacturer’s warranty. If the Contractor determines the repair is within the applicable manufacturer’s warranty, the Contractor shall follow the procedures in Section 6.1., Enforcing the Manufacturer’s Warranty.

1. If the repair is not within the applicable manufacturer’s warranty, the Contractor shall determine the following:

0. Cost estimate of the repair(s).

0. Original cost of FES PPE by contacting the Ordering Official (if applicable).

0. If the ensemble or ensemble element(s) has exceeded its serviceable life IAW the table below.

Figure 1 - Calculator for Turnout Gear Limits

1. The Contractor shall provide the Ordering Official a list of required repairs with photos of the defects and/or damage, and an itemized cost estimate. In addition, the Contractor shall confirm that the serviceable life of the item(s) was evaluated using Figure 1 - Calculator for Turnout Gear Limits. Under no circumstances shall the Contractor’s repair amount exceed the percentage of original cost allowed based on the garment’s year of service.

1. If the serviceable life of the item(s) has not been exceeded, the Ordering Official will provide guidance for the repairs set forth in paragraph 3.4.3.,

1. Approval to Repair. If the serviceable life of the item(s) would be exceeded if repaired, the Ordering Official will provide instruction for returning the gear to the requiring USAF Fire Department or provide instruction for the disposition of the applicable gear following the guidelines set forth in Section 3.6., Error! Reference source not found..

3. Approval to Repair. Upon written notice to proceed from the Ordering Official, the Contractor shall perform all authorized repairs identified prior to the item(s) being returned to the requiring USAF Fire Department.

2. Alterations. The Contractor shall perform alterations on coats and pants IAW NFPA 1851 Chapter 8 - Repair.

2. Disposition. Upon written notice to dispose of the item(s) from the Ordering Official designated in the individual task order, the Contractor shall perform disposition services IAW NFPA 1851, Ch. 10 - Retirement, Disposition, and Special Incident Procedure. The Contractor shall track and provide documentation to the Ordering Official that affirms disposal and disposal date.

1. RECORD OF SERVICE

3. At a minimum, the Contractor’s record program shall meet all record requirements IAW NFPA 1851, Ch. 4 – Program, section 4.3 – Records.

3. The Contractor shall provide records of care and maintenance of any services (i.e., inspection, cleaning, repair, alteration, disposition, etc.) provided to each Fire Department across the USAF within ten (10) calendar days of written or email request by an Ordering Official or the USAF FES PPE Acquisition Team at Air Force Installation Contracting Agency (AFICA) and Air Force Civil Engineer Center (AFCEC). Records shall not require the USAF to download software in order for the Government end user to gain access, view, or print records.

3. The Contractor shall document and record all advanced inspections, advanced cleanings, specialized cleanings, repairs, alterations, retrofitting, and dispositions in Microsoft Excel.

3. The Contractor shall document and record identified damage or substantial wear of PPE in in Microsoft Excel.

3. The Contractor’s records shall include required information IAW NFPA 1851, as well as, one (1) additional field:

4. A field specifying brand name model of outer shell, moisture barrier, and thermal liner.

3. The Contractor shall maintain a file history on each individual ensemble element that is serviced.

3. The Contractor shall maintain the ability to provide a standardized hard copy or digital copy of each file upon request by the USAF Fire Station listed in RFP Attachment 3 – FES PPE List of USAF Fire Stations.

3. The Contractor shall provide a hard copy receipt and basic description of Contractor-performed services to include all cleaning, inspections, alterations, and repairs to the USAF with the returned FES PPE to be placed in the shipping package.

1. MANUFACTURER’S WARRANTY & WORKMMANSHIP GUARANTEE

4. Enforcing the Manufacturer’s Warranty. Upon discovery of a defect, the Contractor shall perform research to determine if the defect is covered under a manufacturer’s warranty or service guarantee. Anytime the Contractor determines that a defect in PPE may be covered by a manufacturer’s warranty, the Contractor shall contact the manufacturer to verify coverage and follow the manufacturer’s procedures for warranty repair. If the defect is service-related, the Contractor shall repair as needed under the Contractor's own warranty or applicable workmanship guarantee. The PPE repair limits referenced in Figure 1 - Calculator for Turnout Gear Limits, do not apply to repairs covered under warranty. The Contractor will notify the Ordering Official of the estimated completion time (i.e., to include shipment) of the warranty repair. The Contractor shall return the item to the requiring USAF Fire Department when repair is completed, along with documentation of repairs made.

4. Workmanship Guarantee. The Contractor shall provide the Government a written workmanship guarantee. It shall be the same workmanship guarantee offered in the commercial market for all services provided under contract (i.e., reference PWS Section 3 above), and shall be enforced by the Government through the Contractor at no additional cost to the Government. The Contractor will notify the Ordering Official of the estimated completion time (i.e., to include shipment) of the workmanship guarantee repair. The Contractor shall return the item to the requiring USAF Fire Department when the repair is completed, along with documentation of repairs made.

1. STORAGE OF PPE

5. Storage activities. The Contractor shall provide safe and secure storage IAW NFPA 1851, Ch. 9 - Storage while in possession of USAF-owned FES PPE.

1. SHIPPING

6. All shipping rates shall not exceed United States Postal Service (USPS) rates.

6. The contractor shall utilize USPS for all OCONUS product shipments.

6. The Contractor shall be responsible for the cost of shipping ensemble or ensemble elements back to the Contractor for correction of issues covered under the Contractor’s workmanship guarantee (i.e., reference PWS Section 5.2) and shall be at no additional cost to the Government.

6. The contractor shall be responsible for tracking all product shipments to their final destination.

6. The contractor shall utilize a tracking system which includes carrier, date shipped, tracking number, contracted delivery date, and actual date received.

6. The contractor shall include a copy of the order with each shipment.

6. The Contractor shall return the PPE with supporting documentation IAW Section 4.8.

6. The Contractor shall meet all turnaround times IAW Section 7.9.

6. Turnaround Time. Turnaround time refers to the date the Contractor receives the PPE from the Fire Department, to the date the Fire Departments receives the serviced PPE back from the Contractor. Date of receipt will be determined by the tracking number on the shipping slip. Please see specifics on turnaround times:

8. Inspections and Cleanings. The complete turnaround time per ensemble element for advanced inspection, advanced cleaning, and specialized cleanings shall be no greater than fifteen (15) calendar days CONUS and no greater than twenty-five (25) calendar days OCONUS.

8. Repairs. Repairs should be identified and submitted to the Ordering Official no later than day five (5) of the advanced inspection, advanced cleaning, or specialized cleaning. Once the Contractor receives authorization from the Ordering Official to repair the identified ensemble element, the repair shall be completed in a turnaround time that is no greater than fifteen (15) calendar days CONUS and no greater than twenty-five (25) calendar days OCONUS.

8. Alterations. Once the Contractor receives authorization from the Ordering Official to alter the identified ensemble element, the alterations shall be completed in a turnaround time that is no greater than fifteen (15) calendar days CONUS and no greater than twenty-five (25) calendar days OCONUS.

8. Combination of Services with Inspections and Cleanings. If additional services (i.e., repairs and alterations) are needed in conjunction with inspections and cleanings, the complete turnaround time per ensemble element shall be no greater than twenty-five (25) calendar days CONUS and no greater than thirty-five (35) calendar days OCONUS.

6. Claims. The Contractor shall process all loss and damage claims through the Contractor selected carrier; however, the Contractor shall reimburse the Government for the cost to repair or replace the item, according to the current replacement value of the item pursuant to a percentage calculated by date of manufacture of the ensemble element. See Figure 1 - Calculator for Turnout Gear Limits.

1. REPORTING

7. Reporting Requirements. The Contractor shall provide the following summary reports on a recurring basis as directed in Contract Data Requirements List (i.e., CDRL A001 – FES PPE Quarterly Data Reporting and CDRL A002 – FES PPE Annual Program Management Review, respectively.)

0. Quarterly Data Reporting. The Contractor shall submit a Quarterly Data Report to the USAF FES PPE Contracting Officer. This report will convey the contract performance and Government spend during the preceding quarter.

0. Annual Program Management Review. The Contractor shall conduct an Annual Program Management Review (PMR) with the USAF FES PPE Acquisition Team. The Annual PMRs will cover contract and vendor performance, Quarterly Data Reports accumulated over the preceding four (4) quarters, as well as other advisory documentation.

1. PERFORMANCE MANAGEMENT

8. Management Plan. The Contractor shall follow the plans and procedures, as provided in its Management Plan, accordingly:

0. Delivery Timelines. The Contractor shall ensure timely delivery of products to CONUS and OCONUS installations within the required timelines.

0. Capacity Assurance. The Contractor shall ensure there is adequate capacity to provide the projected annual service quantities under this contract.

8. Service Summary. The Government will evaluate the Contractor’s performance by appointing a Contracting Officer Representative (COR) to monitor performance to ensure services outlined in this PWS are received. The COR will evaluate the contractor’s performance through inspection of deliverables and receipt of all complaints from end-users. See Table 3 – Services Summary (below).

Table 3 – Service Summary

Para.

Performance Standard/Threshold

1. QAULITY CONTROL/ASSURANCE

9. Quality Control (QC). The Contractor is responsible for Contract Management and Quality Control, not the Government. The Contractor shall develop, submit for CO approval, and maintain a Quality Control Plan (QCP) to ensure services are performed in accordance with NFPA 1851-14. The Contractor shall develop and implement procedures to identify, prevent, and ensure non-recurrence of defective services. The Contractor shall develop control procedures to meet listed Services Summary items. See Table 3 – Services Summary (above).The Contractor shall be responsible for QC of all work accomplished during the performance period of the contract.

0. Quality Control Plan (QCP). The QCP must be maintained IAW NFPA 1851, Section 11.4.5. The Contractor shall submit a QCP no later than ten (10) business days after contract award. If/when the QCP is updated, the Contractor shall submit the revised QCP to the CO as soon as practicable.

0. The QCP shall include the information required by NFPA 1851, Section 11.4.4.

9. Quality Assurance. The Government shall evaluate the quality of performance under this contract. Essential characteristics of performance shall be subject to surveillance as described in the Quality Assurance Surveillance Plan (QASP). The Contractor shall be notified in writing regarding performance that fails to meet the standards specified in the QASP as referenced. The Contractor shall be required to re-perform the work or to provide a corrective action plan to the COR, as appropriate to the circumstance. The on-site technical point of contact (TPOC) shall provide written notification to the COR of any performance deficiencies. Only the COR may accept or reject deliverables provided by the Contractor and shall make final determination of the validity of customer complaints.

1. GENERAL INFORMATION

10. Non-Personal Services. The Government will neither supervise Contractor employees nor control the method by which the Contractor performs the required tasks. Under no circumstances shall the Government assign tasks to, or prepare work schedules for, individual Contractor employees. It shall be the responsibility of the Contractor to manage its employees and to guard against any actions that are of the nature of personal services, or give the perception of personal services. If the Contractor feels that any actions constitute, or are perceived to constitute personal services, it shall be the Contractor’s responsibility to notify the CO immediately. These services shall not be used to perform work of a policy/decision making or management nature, (i.e., inherently governmental functions). All decisions relative to programs supported by the Contractor shall be the sole responsibility of the Government.

10. Safety, Health and Environmental Standards. The Contractor shall comply with all applicable federal, state and local safety, health and environmental regulations. Compliance with Occupational Safety and Health Administration (OSHA) and other applicable laws and regulations for the protection of employees is exclusively the obligation of the contractor, and the Government will assume no liability or responsibility for the contractor’s compliance or non-compliance with such responsibilities.

10. Site Conditions & Base Access. In the event the Contractor has to access a USAF installation, site conditions shall be considered those that include Force Protection Condition (FPCON) Alpha or Bravo. Under such conditions, Contractor personnel will be required to obtain official base access granted IAW the specific military installation’s instructions.

10. Security Requirements. The Contractor will not require access to classified information in performance of the contract.

10. Hours of Operation. A contractor will be available during routine business hours, Monday–Friday, 0800–1700hrs, based on the time zone associated where the ISP’s facility is located.

11.6 Order of Precedence. In the event of conflict between the requirements contained in this PWS and NFPA 1851, the requirements in NFPA 1851 take precedence.

Section E - Inspection and Acceptance

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

Section F - Deliveries or Performance

DELIVERY INFORMATION

30-NOV-2018

30-NOV-2019

30-NOV-2020

30-NOV-2021

30-NOV-2022

30-JUN-2023

Section I - Contract Clauses

CLAUSES INCORPORATED BY REFERENCE

CLAUSES INCORPORATED BY FULL TEXT

52.212-4 CONTRACT TERMS AND CONDITIONS-- COMMERCIAL ITEMS (MAY 2015)

(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights (1) within a reasonable time after the defect was discovered or should have been discovered; and (2) before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

(c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.

(d) Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes'', as amended (41 U.S.C. 601-613). Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at FAR 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

(e) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference.

(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement or any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.

(g) Invoice.

(1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include--

(i) Name and address of the Contractor;

(ii) Invoice date and number;

(iii) Contract number, contract line item number and, if applicable, the order number;

(iv) Description, quantity, unit of measure, unit price and extended price of the items delivered;

(v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading;

(vi) Terms of any discount for prompt payment offered;

(vii) Name and address of official to whom payment is to be sent;

(viii) Name, title, and phone number of person to notify in event of defective invoice; and

(ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract.

(x) Electronic funds transfer (EFT) banking information.

(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.

(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer—System for Award Management, or 52.232-34, Payment by Electronic Funds Transfer--Other Than System for Award Management), or applicable agency procedures.

(C) EFT banking information is not required if the Government waived the requirement to pay by EFT.

(2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. 3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR part 1315.

(h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.

(i) Payment.--

(1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract.

(2) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act (31 U.S.C. 3903) and prompt payment regulations at 5 CFR part 1315.

(3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-5(b) for the appropriate EFT clause.

(4) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made.

(5) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall--

(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the--

(A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);

(B) Affected contract number and delivery order number, if applicable;

(C) Affected contract line item or subline item, if applicable; and

(D) Contractor point of contact.

(ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer.

(6) Interest.

(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in 41 U.S.C.

7109, which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid.

(ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract.

(iii) Final decisions. The Contracting Officer will issue a final decision as required by 33.211 if--

(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days;

(B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or

(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see 32.607-2).

(iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment.

(v) Amounts shall be due at the earliest of the following dates:

(A) The date fixed under this contract.

(B) The date of the first written demand for payment, including any demand for payment resulting from a default termination.

(vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on--

(A) The date on which the designated office receives payment from the Contractor;

(B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or

(C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor.

(vii) The interest charge made under this clause may be reduced under the procedures prescribed in 32.608-2 of the Federal Acquisition Regulation in effect on the date of this contract.

(j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon:

(1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or

(2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b. destination.

(k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties.

(l) Termination for the Government's convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor's records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.

(m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

(n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the Government upon acceptance, regardless of when or where the Government takes physical possession.

(o) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract.

(p) Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items.

(q) Other compliances. The Contractor shall comply with all applicable Federal, State and local laws, executive orders, rules and regulations applicable to its performance under this contract.

(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C.

chapter 87, Kickbacks; 41 U.S.C. 4712 and 10 U.S.C. 2409 relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and 41 U.S.C. chapter 21 relating to procurement integrity.

(s) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order: (1) the schedule of supplies/services; (2) The Assignments, Disputes, Payments, Invoice, Other Compliances, Compliance with Laws Unique to Government Contracts, and Unauthorized Obligations paragraphs of this clause; (3) the clause at 52.212-5; (4) addenda to this solicitation or contract, including any license agreements for computer software; (5) solicitation provisions if this is a solicitation; (6) other paragraphs of this clause; (7) the Standard Form 1449; (8) other documents, exhibits, and attachments; and (9) the specification.

(t) System for Award Management (SAM). (1) Unless exempted by an addendum to this contract, the Contractor is responsible during performance and through final payment of any contract for the accuracy and completeness of the data within the SAM database, and for any liability resulting from the Government's reliance on inaccurate or incomplete data. To remain registered in the SAM database after the initial registration, the Contractor is required to review and update on an annual basis from the date of initial registration or subsequent updates its information in the SAM database to ensure it is current, accurate and complete. Updating information in the SAM does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document.

(2)(i) If a Contractor has legally changed its business name, “doing business as” name, or division name (whichever is shown on the contract), or has transferred the assets used in performing the contract, but has not completed the necessary requirements regarding novation and change-of-name agreements in FAR subpart 42.12, the Contractor shall provide the responsible Contracting Officer a minimum of one business day's written notification of its intention to (A) change the name in the SAM database; (B) comply with the requirements of subpart 42.12; and (C) agree in writing to the timeline and procedures specified by the responsible Contracting Officer. The Contractor must provide with the notification sufficient documentation to support the legally changed name.

(ii) If the Contractor fails to comply with the requirements of paragraph (t)(2)(i) of this clause, or fails to perform the agreement at paragraph (t)(2)(i)(C) of this clause, and, in the absence of a properly executed novation or change-of-name agreement, the SAM information that shows the Contractor to be other than the Contractor indicated in the contract will be considered to be incorrect information within the meaning of the “Suspension of Payment” paragraph of the electronic funds transfer (EFT) clause of this contract.

(3) The Contractor shall not change the name or address for EFT payments or manual payments, as appropriate, in the SAM record to reflect an assignee for the purpose of assignment of claims (see Subpart 32.8, Assignment of Claims). Assignees shall be separately registered in the SAM database.